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Riley v. State

The defendant was entitled to an in camera inspection of the state's entire file to determine whether it contained evidence that one of the state's witnesses was arrested as a suspect in the same aggravated assault.

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Lamar Riley was indicted and convicted of aggravated assault with intent to rob. He appeals, claiming that the trial court improperly broadened the indictment by charging the jury with aggravated assault with intent to murder in addition to the indicted charge. He also asserts the court should have granted his motion for an in camera inspection of the State’s file. We conclude that Riley’s second enumeration has merit and remand with direction.

Construed in favor of the verdict the facts show that Riley and Savin Dix were outside of a grocery store when the owners, Susan and Daniel Kwon, and an employee closed the store one night. As Mr. Kwon was locking the door, Dix shot him. Dix pointed the gun at Mrs. Kwon as well, and then Riley and Dix ran away. There was evidence that Dix and Riley were subsequently overheard arguing about a failed robbery attempt.

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